USER AGREEMENT
FoulPeople.com, its subsidiaries and affiliates, require that all visitors to and Members of our site on the World Wide Web (the “Site”) adhere to the following Web Site User Agreement (the “User Agreement” or “Agreement”). By accessing the Site you indicate your acknowledgement and acceptance of this User Agreement.
Law and Regulations
User access to and use of the Site is subject to all applicable international, federal, provincial and local laws and regulations.
Copyright/Trade Marks
The trade marks, logos, and service marks (“Marks”) displayed on the Site are the property of FoulPeople.com and other parties. Members are prohibited from using any Marks for any purpose, including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of FoulPeople.com or such third party which may own Marks. All information and content including any software programs available on or through the Site (“Content”) is protected by copyright. Members are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes. Users are further prohibited from knowingly or unknowingly submitting to FoulPeople.com for posting or publication, or themselves posting or publishing on the Site, any material which violates or infringes any copyright, trade mark, trade secret, patent, statutory, common law, or other proprietary right of others.
For further information, please see our Legal Disclaimer at FoulPeople.com
No Warranties
All content, products, and services on the Site, or obtained from a web site to which the Site is linked (a “Linked Site”) are provided to you “as is” without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. FoulPeople.com does not endorse and is not responsible for (a) the accuracy or reliability of any opinion, advice, or statement made through the Site or a Linked Site by any party other than FoulPeople.com, or (b) the capabilities or reliability of any product or service obtained from the Site or a Linked Site, other than as required under applicable consumer protection law. Under no circumstances will FoulPeople.com be liable for any loss or damage caused by a user’s reliance on information obtained through the Site or a Linked Site, or user’s reliance on any product or service obtained from the Site or a Linked Site. It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the Site, or obtained from a Linked Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.
Limitations of Liability for Use of the Site and Linked Sites
The information, software, products and description of services published on the Site or a Linked Site may include inaccuracies or typographical errors, and FoulPeople.com specifically disclaims any liability for such inaccuracies or errors. Changes are periodically made to the information on the Site and Linked Sites. FoulPeople.com may make improvements or changes to the Site at any time. You agree that FoulPeople.com, and any of its officers, directors, employees, or agents will not be liable, whether in contract, tort, strict liability or otherwise, for any direct, indirect, punitive, consequential, incidental or special damages (including without limitation lost profits, cost of procuring substitute services or lost opportunity) arising out of or in connection with the use of the Site or a Linked Site, or with the delay or inability to use the Site or a Linked Site, even if FoulPeople.com is made aware of the possibility of such damages. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect a user’s equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g. you cannot access your internet service company), unauthorized access, theft, operation errors, strikes or other labor problems or force majeure. FoulPeople.com cannot and does not guarantee continuous, uninterrupted or secure access to the Site.
Limitation of Liability for Communications Through the Site
MEMBERS ARE SOLELY RESPONSIBLE FOR THEIR INTERACTIONS WITH OTHER MEMBERS. MEMBERS UNDERTAKE TO MEET AT THEIR SOLE RISK. FoulPeople.com DOES NOT AND CANNOT PROVIDE ANY GUARANTEES AND MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ITS MEMBERS. IN NO EVENT SHALL FoulPeople.com BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF MEMBERS OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR SERVICE PROVIDED BY FoulPeople.com . FoulPeople.com SHALL NOT ASSUME LIABILITY FOR ANY DAMAGES, WHETHER PHYSICAL, EMOTIONAL, OR OTHERWISE, ARISING FROM MEMBERS’ USE OF THE FoulPeople.com SITE OR SERVICES, OR RESULTING FROM MEMBERS’ COMMUNICATIONS OR MEETINGS ARRANGED THROUGH FoulPeople.com
Third Party Services/Disclaimer
You agree that FoulPeople.com is a mere agent for any third party services and products available through or arranged through the Site. Any and all claims regarding any failure or breach with respect to the services or products offered through the Site are limited to claims against any and all providers of such services or products. FoulPeople.com hereby disclaims any liability, whether based on contract, tort, strict liability or otherwise, including without limitation liability for any direct, indirect, punitive, consequential, incidental or special damages, in connection with the services or products provided by any carrier or other supplier through the Site, including without limitation liability for any act, error, omission, injury, loss, accident, delay, or irregularity which may be incurred through the fault, negligent or otherwise, of such carrier or supplier and you hereby exonerate FoulPeople.com from any liability with respect to the same.
MEMBERS AGREE THAT THE USE OF FoulPeople.com’S SERVICE IS AT THE SOLE RISK OF THE USER AND IS WITHOUT WARRANTIES OF ANY KIND BY FoulPeople.com, EXPRESS, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT OR IN THE CASE OF SERVICES, OF THE RELIABILITY, SKILLS, PERFORMANCE OR LACK THEREOF OR CREDENTIALS OF SERVICE PROVIDERS. FoulPeople.com PROVIDES ABSOLUTELY NO GUARANTEE OR WARRANTY THAT SERVICE OR PRODUCT PROVIDERS WILL PROVIDE THE SERVICES AND PRODUCTS CONTRACTED FOR THROUGH THE FoulPeople.com SERVICE. UNDER NO CIRCUMSTANCES IS FoulPeople.com LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN MEMBERS AND PRODUCT OR SERVICE PROVIDERS OR FOR ANY INFORMATION APPEARING ON PRODUCT OR SERVICE PROVIDERS’ SITES OR ANY OTHER SITE LINKED TO THE FoulPeople.com SITE. FoulPeople.com WILL NOT BE LIABLE TO MEMBERS FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE THE FoulPeople.com SERVICE. FoulPeople.com DOES NOT RESOLVE DISPUTES BETWEEN OR AMONG MEMBERS.
Indemnification
Members agree to indemnify, defend, and hold FoulPeople.com and its partners, lawyers, staff, and affiliates (collectively “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable legal fees, related to Members’ violation of this or any other Agreement or Policy of FoulPeople.com or use of the FoulPeople.com Site.
Confidentiality of User Communications
Except as required by law and in accordance with FoulPeople.com’s Internet Privacy Policy ***[link], FoulPeople.com will maintain the confidentiality of all user communications which contain personal user information and which are transmitted directly to FoulPeople.com Members should be aware that Linked Sites may contain confidentiality provisions that differ from the provisions provided herein. FoulPeople.com is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.
Submission of Suggestions, Ideas or Comments
By submitting comments, suggestions or ideas to the Site, including suggestions for improvements to the Site, Members do not enter into a contractual or confidential relationship with FoulPeople.com. Members agree that the content of their submission will become the sole property of FoulPeople.com and FoulPeople.com will be entitled to use such submissions for any reason, in any medium, in perpetuity, without any liability or obligation and without compensation. Members further agree that any review of their submissions by the Site does not create the inference that the submissions are original and Members acknowledge that FoulPeople.com may have independently created or might in the future independently create something substantially similar or identical to such submission with no liability or obligation resulting therefrom. Submissions and suggestions sent to FoulPeople.com will be treated as non-proprietary and non-confidential and will become the property of FoulPeople.com which may or may not use same for any purpose.
Limited License to Use Certain Information for Marketing and Promotion
Users grant FoulPeople.com a non-exclusive, worldwide, royalty-free, irrevocable, sublicenseable (through multiple tiers) right to exercise all copyright and publicity rights, in any existing or future media, known or unknown, over the material or user data displayed in user listings, including user IDs, geographic location, or material otherwise provided by Members on the Site to the extent that the exercise of such rights would not violate the policies outlined in the Site’s Privacy Policy
Linked Internet Sites
FoulPeople.com prohibits caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site. FoulPeople.com reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the content available on any other Internet sites linked to the Site. Access to any other Internet sites linked to the Site is at the user’s own risk. User should be aware that Linked Sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from the provisions provided on the Site. FoulPeople.com is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.
Postings
FoulPeople.com is under no obligation to review any messages, information or content transmitted between members (“Communications”). Notwithstanding the above, FoulPeople.com may discipline Members whose Member Communications contain: (1) Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, provincial, federal, or international law. (2) Advertisements or solicitations that violate FoulPeople.com’s written policies or that FoulPeople.com objects to for any reason whatsoever. (3) Communications wherein Members impersonate others. (4) Personal information such as messages that state phone numbers, social insurance numbers, addresses, or employee references. (5) Communications by non-spokesperson employees of FoulPeople.com purporting to speak on behalf of FoulPeople.com or containing confidential information concerning FoulPeople.com. (6) Communications that offer unauthorized downloads of any copyrighted or private information. (7) Multiple Communications placed within individual folders by the same user restating the same point. (8) Any other Communications to which FoulPeople.com objects and at its sole discretion decides to remove.
Network Security
Violating or attempting to violate FoulPeople.com’s system of network security is strictly prohibited, and those undertaking such activity will be prosecuted under criminal and civil liability laws. FoulPeople.com will monitor systems and will investigate incidents involving security violations, and will involve local, provincial, or federal law enforcement if a criminal violation is suspected. Examples of system or network security violations include, but are not limited to: (a) unauthorized access to or use of information, systems, or networks, including attempting to test the vulnerability of a system or network or to break or bypass security, password, or authentication measures; (b) unauthorized viewing or monitoring of data or traffic on any network or system; (c) interference with system or network service in any part and in any way, including flooding or deliberate attempts to overload a system and broadcast attacks; and (d) forging identifying information on any type of transmitted data, including any TCP-IP packet header, any part of an e-mail header, or a newsgroup posting header.
Transmission of Personal Data
Members acknowledge and agree that by providing FoulPeople.com with any personal or proprietary user information, Members consent to transmission of such personal or proprietary user information over international borders as necessary for processing in accordance with FoulPeople.com’s standard business practices. Members should be aware that Linked Sites may contain transmission of personal data provisions that differ from the provisions provided herein. FoulPeople.com is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.
Changes to Rules and Regulations
FoulPeople.com reserves the right to revise this Agreement at any time by revising the terms and conditions herein. Members are responsible for regularly reviewing this User Agreement and Members’ use of the Site following any such changes constitutes acceptance of such changes. FoulPeople.com reserves the right to change the Site at any time at its sole discretion without notice to Members. FoulPeople.com may deny access to the Site to anyone at any time.
Violation of Rules and Regulations
FoulPeople.com reserves the right to seek all remedies available at law and in equity for violations of this User Agreement, including the right to block access from a particular Internet address to the Site. FoulPeople.com, at its sole business judgment, may terminate this Agreement or suspend Members’ access to the Site upon breach of this Agreement, including, but not limited to refusal or failure to pay for services provided or by sole judgment of FoulPeople.com that Member may be performing activities harmful to FoulPeople.com or its Members, employees, vendors, business relationships, or other Members of the Site.
Ineligible For Arbitration – No Exceptions!
If you or your attorney direct any threats towards the owners of this site, then said post will promptly and permanently be placed on our ineligible for arbitration list and the post will be locked forever.
Our arbitration removal process is simple and straightforward, some foolish individuals chose other methods in an attempt to get content removed from this site. All of their efforts have failed and all of their arbitration offerings are permanently revoked. These individuals and or their attorneys have stupidly made threats, filed complaints with Google, filed DMCA Takedowns, filed court orders, complained to our web host, demanded or attempted to take legal action against the owners of this site. We have a ZERO tolerance for this conduct and you can be assured that any removal attempt will ultimately fail!
Termination of User Accounts and Restriction of Access
FoulPeople.com reserves the right to terminate memberships, to suspend Members, restrict access and otherwise restrict use of the Site where it has determined that Members have violated this Agreement or applicable federal, provincial or local laws. Violations that may lead to suspension, termination, or other actions against Members’ accounts or use of the Site include but are not limited to the following:
i. Prohibited Communications: Misrepresenting one’s identity; Threatening behaviour; Solicitation or “Spamming”; Use of false contact information; and Use of profanity or inappropriate language. ii. Prohibited Use of Site: Interfering with FoulPeople.com’s Site or operations; Misrepresenting oneself as a FoulPeople.com employee; Misuse of other Members’ contact or personal information; Failing to participate in FoulPeople.com’s investigations into violations of any of its Agreements or Policies; Repeated warnings of the same violation; or Breach of any of FoulPeople.com’s rules or policies.
Access to Password Protected/Secure Areas
Access to and use of password protected and/or secure areas of the Site is restricted to authorized Members only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
General/Jurisdiction/Governing Law
This Agreement shall include any additional terms, conditions, notices, policies or disclaimers provided by FoulPeople.com, its licensors or vendors in specific areas of the Site. However, in the event of a conflict between such terms and this Agreement, the terms of this Agreement shall control. This Agreement shall be governed by and construed in accordance with the laws of the Province of The United States and all applicable Federal law without regard to conflicts of law principles.
Copyright © 2020 FoulPeople.com All Rights Reserved. FoulPeople.com’s products, services and benefits are offered in USA by FoulPeople.com. Members of this Site agree to be bound by the terms and conditions of FoulPeople.com’s User Agreement.
